Showing : 31-40 of 227 Results

Agreement to sell-- Specific performance - Readiness and willingness - No stipulation either in agreement to sell or in extension agreement that NOC needs to be obtained by defendant - It cannot be said that lack of NOC was a valid reason for plaintiff not to make payment of balance sale consideration - Plaintiff not..........

Agreement to sell-- Specific performance - Readiness and willingness - Merely because defendants denied execution of agreement to sell does not absolve plaintiff to assert and prove that he was always ready and willing to perform his part of contract. (Specific Relief Act, 1963, S.16(c)...........

Agreement to sell-- Specific performance - Readiness and willingness - It is for plaintiff to plead and prove that he was always ready and willing to perform his part of contract. (Specific Relief Act, 1963, S.16(c)...........

Agreement to sell-- Specific performance - Readiness and willingness - A plaintiff who seeks specific performance must at all times be ready and willing i.e. plaintiff has to be ready and willing right from the date of contract till the date of final arguments in the suit. (Specific Relief Act, 1963, S.16(c)...........

Agreement to sell-- Specific performance - Readiness and willingness - Suit filed after 2 years and 6 months from date of agreement and failed to prove that during this period, he took any step showing his readiness and willingness to perform his part of contract - Plaintiff stated in cross-examination that he can..........

Agreement to sell-- Specific performance - Readiness and willingness - Readiness and willingness is not to show liquid moneys available with the plaintiff/proposed purchaser but readiness and willingness has to be that there exists financial capacity. (Specific Relief Act, 1963, S.16(c)...........

Agreement to sell-- Specific performance - Readiness and willingness - Bank account statement - On two dates there was deposit of Fifty and Fifty four lakhs - Otherwise there was barely deposit balance of Rs.25,000/- - No explanation as to how plaintiff mysteriously had such huge amounts on two dates and what was the..........

Agreement to sell-- Specific performance - Readiness and willingness - Presence of plaintiff before Sub-Registrar on the date fixed by Defendant for execution of sale deed along with balance sale consideration, shows that plaintiff was ready and wiling to perform his part of contract - It is defendants who did not..........

Agreement to sell-- Specific performance - Readiness and willingness - If plaintiff behaves contrary to terms of contract and insists that sale by defendants should be on terms which are different from terms of contract, then it is an indication that he was not willing to perform his part of contract. (Specific..........

Agreement to sell-- Specific performance - Readiness and willingness - An act of breach committed by defendant does not remove bar u/s 16(c) of the Act - It is a personal bar - Even if defendant had committed breach of contract, if plaintiff fails to aver in plaint or to prove that he was ready and willing to perform..........